Court of Appeal Judge Warsame finally sworn in as JSC member


Court of Appeal Judge Warsame finally sworn in as JSC member
Court of Appeal Judge Mohammed Warsame after he was sworn in as a JSC member. He is flanked by CJ David Maraga and Deputy CJ Philomena Mwilu. PHOTO | COURTESY

In Summary

  • Justice Warsame’s appointment comes barely five days after the High Court ruled that he does not have to be vetted by Parliament.
  • Warsame's swearing in was attended by Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu, as well as other JSC members led by Prof. Tom Ojienda.
  • In March 23, 2018, LSK moved to the court seeking to suspend a notice inviting members of the public to submit representations to the National Assembly concerning the vetting of Warsame.

Court of Appeal Judge Mohammed Warsame was on Wednesday finally sworn in as a member of the Judicial Service Commission (JSC) following a protracted battle between the three arms of government.

Justice Warsame’s appointment comes barely five days after the High Court ruled that he does not have to be vetted by Parliament.

In March 23, 2018, the Law Society of Kenya moved to court seeking to suspend a notice inviting members of the public to submit representations to the National Assembly concerning the vetting of Warsame.

The lawyer’s body further sought conservatory orders prohibiting the law makers from summoning or vetting Justice Warsame as a member of the commission saying it was unconstitutional and invalid.

In a petition filed at the Milimani Law courts, LSK argued that Warsame automatically became a member of JSC by operation of Article 171(2)(c) upon his election by the Court of Appeal judges.

Three days later, the High Court temporarily barred Parliament from vetting or summoning Warsame pending hearing and determination of the case filed by LSK.

Judge Roselyne Aburili also suspended the notice issued by Parliament inviting members of the public to submit memoranda concerning the vetting of Justice Warsame.

On September 5, the LSK went back to court and filed a petition seeking to have Warsame gazetted as a JSC member arguing that the move not to swear him in was a violation of the Constitution.

In November 21, JSC asked President Uhuru Kenyatta to officially appoint the Court of Appeal judge as commissioner to the powerful organ.

Warsame’s swearing in was attended by Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu, as well as other JSC members led by Prof. Tom Ojienda.

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